UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
June 17, 2009
J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
CORAZON CRUZ CHAI, ET AL, DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
SCHEDULING ORDER (Fed.R.Civ.P 16) Discovery Deadlines: Initial Disclosures: July 1, 2009 Non-Expert: December 11, 2009 Expert Disclosure: January 8, 2010 Supp.Expert Discl: January 22, 2010 Expert Discovery: March 12, 2010 Motion Deadlines: Non-Dispositive: April 2, 2010 Dispositive: May 7, 2010 Settlement Conference: August 18, 2009 at 10:00 a.m. Courtroom 10 (GSA), 6th Floor Pre-Trial Conference: July 7, 2010 at 8:30 a.m. Courtroom 2 (AWI), 8th Floor Trial: August 24, 2010 at 8:30 a.m.
Date of Scheduling Conference
June 16, 2009.
The Court notes that Plaintiff filed a "Unilateral Scheduling Conference Statement." (See Doc. 10.)
I. Identification of the Parties/Nature of Claims
Plaintiff J & J Sports Productions, Inc., a closed-circuit distributor of sports and entertainment programming, claims that Defendant Corazon Cruz Chai, individually and d/b/a Inang's Tapsi & BBQ, exhibited the "Unfinished Business": Manny Pacquiao v. Juan Manuel Marquez II, WBS Super Featherweight Championship Fight Program of March 15, 2008 (hereinafter "Program") at the establishment the Defendant was operating known as "Inang's Tapsi & BBQ" without the necessary closed-circuit (commercial) license they were required to obtain from the Plaintiff.
II. Bases of Jurisdiction and Venue
The instant suit provides for federal question jurisdiction. Violations of two (2) federal telecommunications statutes (47 USC 553, et seq., and 47 USC 605 et seq.) are alleged in the complaint. A common law count of Conversion is also set forth in the complaint. The Court has pendant jurisdiction of this claim.
Pursuant to 47 U.S.C. Section 605, et seq., venue is proper in the United States District Court for the Eastern District of California, in Fresno, because a substantial part of the events or omissions giving rise to the claim occurred in this Division of this District.
III. Consent to the Magistrate Judge
Pursuant to 28 U.S.C. § 636 (c), the parties have not consented in writing to conduct all further proceedings in this case, including trial, before the Honorable Gary S. Austin, U.S. Magistrate Judge.
IV. Discovery Plan and Cut-Off Dates
The parties shall complete initial disclosures pursuant to Federal Rule of Civil Procedure 26 on or before July 1, 2009. The parties are ordered to complete all discovery pertaining to non-experts on or before December 11, 2009.
The parties are directed to disclose all expert witnesses, in writing, on or before January 8, 2010. The parties shall also disclose all supplemental experts on or before January 22, 2010. The written designation of experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2)(A) and (B) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order.
The parties are directed to complete all expert discovery on or before March 12, 2010. The provisions of Fed. R. Civ. P. 26 (b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included in the designation. Failure to comply will result in the imposition of sanctions, which may include striking expert designation and preclusion of expert testimony.
V. Pre-Trial Motion Schedule
All Non-Dispositive Pre-Trial Motions, including any discovery motions, shall be filed no later than November 20, 2009. Non-dispositive motions are heard on Fridays at 9:30 a.m., before the Honorable Gary S. Austin, United States Magistrate Judge in Courtroom 10. Counsel must comply with Local Rule 37-251 with respect to discovery disputes or the motion will be denied without prejudice and dropped from calendar.
In scheduling such motions, the Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 6-142(d). However, if a party does not obtain an order shortening time, the notice of motion must comply with Local Rule 37-251.
Counsel or pro se parties may appear and argue non-dispositive motions by telephone, providing a written request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five (5) court days before the noticed hearing date. In the event that more than one party requests to appear by telephone then it shall be the obligation of the moving part(ies) to arrange and originate a conference call to the court.
All Dispositive Pre-Trial Motions shall be filed no later than May 7, 2010, and heard in Courtroom 2 before the Honorable Anthony W. Ishii, United States District Court Judge. In scheduling such motions, the parties shall comply with Local Rules 78-230 and 56-260.
VI. Pre-Trial Conference Date
The pre-trial conference will be held on July 7, 2010, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii. The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 16-281(a)(2). The parties are further directed to submit a digital copy of their pretrial statement in Word Perfect X3*fn1 format, directly to Judge Ishii's chambers by email at firstname.lastname@example.org. The parties' attention is directed to Rules 16-281 and 16-282 of the Local Rules of Practice for the Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will insist upon strict compliance with those rules.
VII. Trial Date
The trial will be held on August 24, 2010, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, United States District Court Judge.
A. Pursuant to Plaintiff, this is a court trial. B. Plaintiff's Estimate of Trial Time: 2-3 days.
The parties' attention is directed to Local Rules of Practice for the Eastern District of California, Rule 16-285.
VIII. Settlement Conference
A Settlement Conference will be held on August 18, 2009, at 10:00 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin. Unless otherwise permitted in advance by the Court,*fn2 the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full authority to negotiate and settle the case on any terms*fn3 at the conference.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT
At least five (5) court days prior to the Settlement Conference the parties shall submit, directly to Judge Austin's chambers by e-mail to email@example.com, a Confidential Settlement Conference Statement. The statement should not be filed with the Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of Settlement Conference Statement Each statement shall be clearly marked "confidential" with the date and time of the Settlement Conference indicated prominently thereon.
The Confidential Settlement Conference Statement shall include the following:
A. A brief statement of the facts of the case.
B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute.
C. A summary of the proceedings to date.
D. An estimate of the cost and time to be expended for further discovery, pretrial and trial.
E. The relief sought.
F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands.
IX. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Trial
The parties have not requested bifurcation.
X. Related Matters Pending
Plaintiff has indicated it is not aware of any related matters.
XI. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.
XII. Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by subsequent status conference.
Stipulations extending the deadlines contained herein will not be considered unless they are accompanied by affidavits or declarations, and where appropriate attached exhibits, which establish good cause for granting the relief requested.
Failure to comply with this order may result in the imposition of sanctions.
IT IS SO ORDERED.